BANCROFT 
LIBRARY 

•o 

THE  LIBRARY 

OF 
THE  UNIVERSITY 

OF  CALIFORNIA 


THE 


MODOC  WAR; 


STATEMENT 


ORIGIN    AND   CAUSES, 


CONTAINING 


AN    ACCOUNT    OF  THE    TREATY,    COPIES  OF    PETITIONS, 
AND  OFFICIAL  CORRESPONDENCE. 


PORTLAND,  OREGON: 

"UULLKTIN"  STEAM  BOOK  AND  JOB  PRINTING  OFFICE. 
1873. 


THE 


MODOC  WAR; 


STATEMENT 


OF   ITS 


ORIGIN  AND  CAUSES, 


CONTAINING 


AN  ACCOUNT   OF  THE   TKEATY,    COPIES  OF    PETITIONS, 
AND  OFFICIAL  COEEESPONDENCE. 


POETLAND,  OEEGON: 

BULLETIN"  STEAM  BOOK  AND  JOB  PRINTING  OFFICE. 
1873. 


PORTLAND,  Oregon,  February  12,  18*13. 

Hon.  T.  B.  ODENEAL, 

Superintendent  Indian  Affairs,  Salem,  Oregon, 

SIR:  Owing  to  the  many  erroneous  impressions  made  upon 
the  press  and  people  of  the  Atlantic  States,  by  the  numer 
ous  false  accounts  given  by  newspaper  correspondents  of 
the  present  trouble  with  the  Indians  in  southern  Oregon,  we 
would  respectfully  request  that  you  furnish,  for  publication, 
a  statement  from  the  records  in  your  possession,  of  all  facts 
pertaining  to  the  origin,  cause,  and  commencement  of  the 
existing  difficulties  with  the  Modoc  Indians.  We  are 
impelled  to  make  this  request  only  by  a  sincere  desire  to 
shield  the  State  from  injury  by  the  erroneous  publications 
referred  to. 

H.  W.  SCOTT, 
C.   P.  CRANDALL, 
B.  GOLDSMITH, 
ALEX.  P.  ANKENY 


Bancroft  Library 
73.33   -9 


CORRESPONDENCE. 


OFFICE  SUPERINTENDENT  INDIAN  AFFAIRS, 

Salem,  Oregon,  February  17,  1873. 

Messrs.  ANKENY,  SCOTT,  GOLDSMITH  and  GRAND  ALL: 

GENTLEMEN:  Your  note  of  the  12th  instant  is 
received.  Prompted  by  the  same  motives  expressed 
by  you,  I  furnish  herewith  a  brief  statement  of  the 
origin  and  cause  of  the  Modoc  war,  together  with 
copies  of  official  documents  pertaining  to  that  subject: 

The  Modoc  war  has  become  a  matter  of  vast 
importance  and  serious  concern.  Blood  has  been 
spilled,  and  treasure  is  being  consumed  in  the  effort 
to  compel  obedience  on  the  part  of  the  desperate  band 
under  captain  Jack,  hold  them  to  their  treaty  stipula 
tions  with  the  government,  and  secure  peace  and 
safety  to  settlers  on  our  southern  border. 

With  reference  to,  and  for  the  benefit  of,  the 
sensational  press  of  the  country  —  especially  that  of 
California  —  the  Modoc  trouble  was  most  opportune. 
The  peaceable  arbitration  and  solution  of  foreign 


questions,  and  the  political  calm  which  followed  the 
excitement  connected  with  the  presidential  contest, 
had  left  the  newspapers  of  the  land  almost  without 
material  to  work  upon,  when  the  first  gun  of  hostilities 
on  Lost  river  sounded  the  key  note  of  war,  broke  the 
monotonious  quiet  of  the  times,  and  echoed  and 
reverberated  throughout  the  country,  until  the  sound 
was  heard  in  every  nook  and  corner  of  the  nation. 
It  was  necessary  to  "write  up  "the  subject  with 
electric  facility,  and  a  thousand  graphic  prodigies 
attacked  it  on  the  instant  with  all  the  recklessness  of 
ignorance,  and  a  fervor  of  imagination  unrestrained 
by  honesty  and  inflexible  fact.  Half  forgotten 
orations  of  Logan  and  Red  Jacket,  and  the  exploits  of 
Tecumseh  —  pride  and  strength  of  the  school  boy  — 
have  been  restored  to  memory,  and  launched  again  at 
the  heads  and  hearts  of  the  people.  The  atmosphere 
becomes  lurid  with  Indian  romance,  and  oroide 
humanitarians  keep  up  the  wail  for  a  weekly  stipend 
about  the  abuses,  frauds,  and  injustice  of  the 
authorities  against  this  band  of  Modocs. 

Many  papers,  outside  of  this  State,  particularly 
those  of  a  metaphorical  tendency,  have  manufactured 
and  inaugurated  Modoc  difficulties  of  their  own,  and 
are  keeping  them  up  with  daily  rations  of  hot  condi 
ments  from  their  combustible  fancies. 

The  whole  subject,  especially  the  comments  upon, 
and  the  alleged  causes  of  the  war,  and  the  character 
of  the  belligerent  Indians,  has  now  more  and  worse 
distorted  faces  than  a  Hindoo  god.  So  many  different 
versions  have  been  given  that  it  would  seem  that  no 


one  who  has  read  them  all  could  possibly  fail  to  be 
confounded  and  befogged,  so  much  as  to  be  utterly 
unable  to  form  any  idea  of  the  true  cause  of  the 
hostilities. 

The  press  of  enlightened  Oregon,  however,  having 
a  more  definite  comprehension  of  the  facts,  has  almost, 
without  exception,  presented  them  fairly,  and  it  is, 
therefore,  to  a  certain  order  of  journals  in  California, 
which,  through  prejudice  for  everything  in  Oregon, 
wrong  information,  indifference  or  recklessness,  whose 
publications  are  re-echoed  by  other  papers  in  the 
east,  that  we  may  attribute  the  flood  of  misrepresen 
tation,  which  has  poured  over  the  country  to  the 
amazement  of  those  who  are  in  possession  of  the . 
truth,  and  the  confusion  of  distant  and  uninformed 
communities. 

In  view  of  these  things,  it  is  due  to  the  cause  of 
truth,  and  to  the  people  of  Oregon,  both  of  which  are 
entitled  to  the  respect  even  of  brilliant  newspaper 
correspondents  and  reporters,  to  furnish  for  publica 
tion  a  brief  history,  composed  mainly  of  official 
documents  on  that  subject,  in  order  to  dissipate  the 
cloudy  fancies  of  romancists,  which  have  probably 
served  their  time,  and  give  the  public  an  understand 
ing  of  the  Modoc  question,  so  simple  when  the  facts 
are  understood. 

On  the  14th  day  of  October,  1864,  a  treaty  was 
made  and  concluded  at  Klamath  Lake,  Oregon, 
between  J.  W.  P.  Huntington  and  William  .Logan, 
commissioners,  on  the  part  of  the  United  States,  and 


6 

the  chiefs  and  head  men  of  the  Klamath  and  Modoc 
tribes  of  Indians,  by  the  terms  of  which  said  tribes 
ceded  to  the  United  States  all  their  right,  title, 
interest  and  claim  in  and  to  all  lands  outside  the 
limits  of  what  is  known  as  Klamath  Reservation, 
which  was  reserved  and  set  aside  for  their  sole  use 
and  occupation,  and  upon  which,  by  the  terms  of 
the  treaty,  they  agreed  to  go  and  reside  and  not 
depart  therefrom,  except  by  permission  of  the  agent 
or  superintendent;  and  it  was  further  stipulated  and 
agreed  that  they  should  demean  themselves  properly 
in  all  respects,  and  ever  thereafter  maintain  peaceable 
relations  with  the  whites.  One  of  the  Indians  who 
signed  the  treaty  was  captain  Jack  ( Indian  name, 
Keint  Poos ).  A  gentleman,  who  was  a  witness  to  the 
treaty,  says  that  captain  Jack  at  first  hesitated  to 
assent  to  its  terms,  but  finally  did  so  with  as  much 
apparent  willingness  as  any  one.  This  treaty  was 
amended  and  ratified  by  the  senate  of  the  United 
States,  July  2,  1866,  and  the  amendments  were 
assented  to  by  captain  Jack  and  the  other  chiefs  and 
head  men  of  the  Modocs,  on  the  I Oth  day  of 
December,  1869,  about  which  time  captain  Jack's  ' 
band  went  upon  the  reservation,  but  becoming 
dissatisfied,  they  left  some  time  in  February,  1870, 
and  have  not  since  been  back,  though  repeated  efforts 
have  been  made  to  persuade  them  to  return.  The 
right  of  the  Indians  to  the  lands  on  Lost  river  and 
Tule  Lake  being  extinguished,  that  portion  of  the 
State  was  soon  settled  by  whites.  When  the  Indians 
left  the  reservation  in  1870,  they  located  in  the 
midst  of  this  settlement  and  remained  there  until  the 


commencement  of  the  present  trouble.  In  July, 
1871,  late  superintendent  Meacham  had  a  sort  of 
understanding  with  these  Indians,  to  the  effect  that 
they  should  be  allowed  to  remain  where  they  were 
until  he  could  see  whether  the  government  would 
not  give  them  a  new  reservation  on  Lost  river.  On 
account  of  this  arrangement,  general  Canby  declined 
to  furnish  troops  to  remove  them  forcibly  when 
requested  to  do  so  by  Mr.  Meacham,  on  the  25th  of 
January,  1872.  Mr.  Meacham's  answer  to  this 
objection,  in  his  letter  of  February  8,  1872,  says: 
"  They  have  not  kept  their  part  of  the  agreement, 
and  hence  have  forfeited  any  claim  they  might  have 
had  to  forbearance. " 

Persons  familiar  with  the  history  of  captain  Jack, 
say  that  his  first  disaffection  became  manifest  when 
late  superintendent  Huntington  refused  to  recognize 
him  as  head  chief  of  all  the  Modocs.  He  claimed 
that  he  was  mistreated  when  on  the  reservation  in 
1869-70,  and  when  he  left  took  with  him  all  the 
more  venturesome  warriors  of  the  tribe,  and  attempted 
to  set  up  an  independent  colony  of  his  own  on  Lost 
river.  Repeated  efforts  were  made  to  induce  him  to 
return,  but  he  would  not.  Each  successive  attempt  to 
persuade  him  to  go  only  increased  his  defiance  and 
insolence.  Threats  and  promises  had  been  made, 
and  not  executed  until  he  seemed  to  think  the  govern 
ment  would  allow  him  to  dictate  the  terms  which 
should  settle  a  difficulty  of  his  own  making.  It  may 
not  be  out  of  place  here  to  say  that  the  "  jaw-bone" 
policy  is,  in  my  estimation,  the  source  of  more  trouble 


8 

with  Indians  than  anything  else.  Too  much  "pow-wow" 
is  the  prime  cause  of  the  trouble  with  captain  Jack, 
who  has  a  remarkable  faculty  of  misconstruing  every 
thing  said  to  suit  his  own  purposes,  and  then  claiming 
that  bad  faith  has  been  practiced.  A  little  prompt 
action  and  less  talk,  when  he  first  left  the  reservation, 
before  he  had  become  emboldened  by  repeated 
successes  in  "pow-wowing,  "  would  have  accomplished 
the  desired  object,  and  the  Modoc  war  would  not  have 
been. 

The  present  humane  policy  of  the  government 
toward  Indians^  believe  to  be  the  best  ever  adopted. 
£>  Humanitarian  ideas  which  do  not  embrace  the  whole 
human  family  are  more  circumscribed  than  mine,  but 
experience  teaches  us  that  the  restraining  powers  of 
the  government  must  sometimes  be  brought  into 
requisition,  in  order  to  enforce  obedience  to  law,  and 
induce  proper  respect  to  be  paid  by  some  to  the  rights  of 
others.  In  reporting  against  the  propriety  of  locating 
captain  Jack's  band  elsewhere  than  on  Klamath  Res 
ervation,  I  was  governed  by  the  recommendations  of 
Messrs.  Dyar,  I.  D.  Applegate,  colonel  Otis  and  late 
superintendent  Meacham,  as  well  as  the  fact  that  the 
people  who  had  settled  on  Tule  Lake  and  Lost  river 
had  vested  rights  in  the  land,  of  which  these  Indians 
had  divested  themselves  by  the  treaty,  and  that  it 
would  be  a  violation  of  equity  and  justice  to  locate 
them  in  their  midst,  and  the  only  new  location 
desired  by  them  was  in  this  vicinity.  I  believed 
further,  that  to  yield  thus  to  this  whim  of  captain 
Jack,  would  only  pave  the  way  to  future  concessions 


9 

whenever  he  should  deem  himself  aggrieved,  or 
become  dissatisfied  with  the  restraints  of  a  reserva 
tion. 

The  whole  matter  may  be  summed  up  in  a  few 
words:  These  Indians  made  a  treaty,  agreed  to  go  to 
Klamath  Reservation,  which  they  accepted  in  lieu 
of  all  other  lands  to  which  they  had  ever  before  set 
up  any  claim,  to  remain  thereon,  and  not  depart 
therefrom  without  first  obtaining  leave  of  the  agent 
or  superintendent,  and  to  maintain  peaceable  relations 
with  all  people.  The  country  they  thus  relinquished 
all  right  to  was  settled  by  the  whites  under  the 
homestead  and  pre-emption  laws  of  the  United  States. 
Improper  advice  was  given  captain  Jack  by  white 
men  of  California;  he  left  the  reservation  without 
leave,  returned  to  the  country  he  had  given  up, 
and  persisted  in  claiming  and  living  upon  it  ; 
levying  black  mail  upon  the  settlers,  taking  their 
property,  insulting  their  families,  and  threatening 
their  lives.  Numerous  letters  and  petitions  went  to 
Washington,  and  thereupon  the  government  ordered 
that  they  be  removed  to  the  reservation,  forcibly  if 
necessary.  They  refused  to  go,  fired  upon  the  troops 
— our  soldiers  returned  the  fire,  and  thus  the  war 
commenced.  They  acp  ,  the  ^  only  belligerently 
inclined  Indians  in  Orejjon,  and  unless  such  terms 
shall  be  made  with  this  band"  as^wrH  convey  the  idea 
of  a  victory  on  the  part  of  captain  Jack,  we  may  look 
for  no  more  Indian  outbreaks. 

Let  captain  Jack  dictate  his  own  terms,  and  it  may 
not  be  long  before  the  Klamaths,  the  Snakes,  some 


10 

of  the  Umatillas,  and  others  may  feign  to  be 
aggrieved,  and  follow  Jack's  precedent.  Viewing  the 
whole  situation,  and  considering  the  importance  of 
adjusting  and  determining  the  difficulties  in  a  proper 
way,  and  for  the  best  interests  of  whites  and  Indians, 
I  believed  that  they  should  be  required  to  surrender 
unconditionally,  lay  down  their  arms  and  go  to  the 
reservation,  and  that  the  murderers  of  citizens  should 
be  turned  over  to  the  civil  authorities  to  be  dealt  with 
according  to  law,  and  I  so  reported. 

Very  respectfully, 

Your  obedient  servant, 
(Signed)  T.  B.  ODENEAL, 

Superintendent  Indian  Affairs,  Oregon. 


[  COPY  ] 

Hon.  A.  B.  MEACHAM, 

Superintendent  Indian  Affairs. 

General  CANBY, 

Commanding  Department   Columbia. 

We,  the  undersigned  citizens  of  Lost  and  Link 
river,  Klamath  and  Tule  Lake  country,  after  suffering 
years  of  annoyance  from  the  presence  of  the  Modoc 
Indians,  through  the  delay  of  the  Indian  and  military 


11 

a 

department,  have  not  been  removed  to  the  reserva 
tion,  as  required  by  the  treaty  stipulations  of  1864, 
entered  into  by  the  authorized  agents  of  the  govern 
ment  and  the  chiefs  of  the  Modoc  Indians,  by  which 
all  their  lands  were  ceded  to  the  United  States, 
except  those  embraced  in  the  reservation,  as 
stipulated  in  said  treaty.  But,  notwithstanding  all 
the  conditions  of  said  treaty  have  been  faithfully 
performed,  on  the  part  of  the  government,  it  is  a  well 
known  fact  thut  a  factious  band  of  the  Modocs,  of 
about  three  hundred,  who  were  parties  to  that  treaty, 
have,  through  the  influence  of  citizens  of  an  adjoining 
State  —  who  have  been  engaged  in  an  illicit  traffic 
with  them  —  have  been  instigated  to  set  the  authority 
of  the  government  at  defiance,  and  to  utterly  refuse 
compliance  with  their  treaty  stipulations  by  going  on 
the  reservation;  and  since  there  is  no  longer  any 
conflict  between  the  Indians  and  military  depart 
ment,  such  as  prevented  sub-agent  Applegate  from 
bringing  those  Indians  on  the  reservation,  we, 
therefore,  make  this  earnest  appeal  to  you  for  relief, 
knowing  that  you  have  the  cavalry  force.  We 
petitioned  to  be  sent  to  Fort  Klamath  two  years  ago 
for  this  specific  purpose,  at  your  command.  We  ask 
you  to  use  it  for  the  purpose  it  was  procured  for,  that 
the  departments,  both  civil  and  military,  have  not 
been  kept  ignorant  of  the  fact  that  we  have  been 
repeatedly  on  the  verge  of  a  desolating  Indian  war 
with  this  band  of  outlaws,  who,  by  your  delay  to 
enforce  the  treaty,  have  been  led  to  despise,  rather 
than  respect  the  authority  of  the  government. 


12 

Their  long  continued  success  in  defying  its 
authorites  has  emboldened  them  in  their  defiant  and 
hostile  bearing,  until  further  forbearance  on  our  part 
would  cease  to  be  a  virtue ;  that,  in  many  instances, 
our  families  have  become  alarmed  at  their  threats  to 
kill  and  burn,  until  we  were  compelled  to  remove 
them  for  safety  across  the  Cascade  mountains,  thereby 
suffering  great  loss  of  time  and  property ;  that  the 
agents  at  Klamath  and  commissary  at  Yainax, 
during  this  long  delay,  growing  out  of  this  unfortu 
nate  conflict  of  departments,  have  done  all  they  could 
to  prevent  a  war,  and  bring  about  an  amicable  adjust 
ment  of  our  troubles  we  have  no  reason  to  doubt ; 
but  we  ask  now,  since  no  such  conflict  exists, 
shall  a  petty  Indian  chief,  with  twenty  des 
peradoes,  and  a  squallid  band  of  three  hundred 
miserable  savages,  any  longer  set  at  defiance  the  strong 
arm  of  the  government,  driving  our  citizens  from 
their  homes,  threatening  their  lives,  and  destroying 
our  property? 

Their  removal  to  the  reservation,  in  the  winter 
season,  may.  be  easily  accomplished  by  any  one 
acquainted  with  them  and  their  country,  and  will  not 
require  more  force  than  could  be  furnished  from  Fort 
Klamath  to  do  it.  We  recommended  commissary  I. 
D.  Applegate,  of  Yainax,  to  the  consideration  of  the 
department,  as  a  suitable  man  to  take  charge  of  any 
force  or  expedition  looking  to  their  removal.  His 
long  connection  with  the  Indian  department,  and 
thorough  knowledge  of  them  and  their  country,  and 
all  the  facts  connected  with  this  whole  Modoc 


13 


question,  and  as  a  stock-raiser  equally  interested  with 
us  in  their  removal,  point  him  out  to  us  as  the  right 
man  in  the  right  place  in  charge  of  this  much  needed 
expedition  for  the  removal  of  this  band  of  Modocs  to 
their  reservation,  for  which  your  petitioners  will  ever 
pray. 


I.  N.  Shook, 
Samuel  Colver, 
James  H.  Calahan, 
David  P.  Shook, 
J.  J.  Bratton, 
Paul  Bratton, 
H.  Duncan, 
C.  Kilgone, 
Joseph  Langell, 
Simpson  Wilson, 
Thomas  Wilson, 
Frank  Hifling, 
James  Vinson, 
G.  S.  Miller, 
Edwin  Crook, 
A.  C.  Modie, 
0.  H.  Swingle, 
C.  A.  Miller, 
J.  C.  Turnidge, 
G.  B.  Vanresser, 
J.  H.  Springer, 
J.  V.  Kubru,' 
H.  Bailmauk, 


Thomas  Collar, 
J.  M.  Rambo, 

D.  Davis, 
W.  Dingman, 
John  Clean, 
W.  H.  Miller, 
Willis  Hall, 

E.  Hall, 
A.  Hall, 

J.  T.  Aront, 
Joseph  Seeds, 
John  E.  Nay  lor, 
George  Nurse, 
Edward  Overton, 
William  Roberts, 
John  Got  brood, 
W.  Hicks, 
0.  A.  Stearns, 
0.  L.  Stearns, 
John  Fulkerson, 
Isaac  Harris, 
George  Thomas. 


Another  petition  addressed  to  Governor  Grover,  and 
signed  by  sixty-five   citizens  of  Lost  river,  Klamath 


14 

and    Tule   Lake   country,   asks   for   protection,   and 
among  other  things  says: 

"  Our  reasons  for  this  request  are  these:  We  have 
been  harrassed  and  bothered  for  the  last  four  years  by 
this  renegade  band  of  lawless  Modoc  Indians.  They 
are  extremely  saucy  and  menacing  in  their  repeated 
threats  against  settlers  .and  their  stock ;  they  set  up  a 
claim  to  our  homes;  they  frequently  draw  guns  an 
pistols  on  inoffensive  citizens ;  they  recently  fired  at 
the  house  of  citizen  Ball ;  they  watch  the  men  leave 
their  houses,  and  then  go  to  the  house  and  insult  the 
female  inmates  of  our  sacred  homes  ;  they  boast 
defiance  to  the  authorities,  etc. " 

Upon  the  receipt  of  these  petitions,  honorable  A.  B. 
Meacham,  then  superintendent  of  Indian  affairs, 
addressed  the  following  letter  to  the  commander  of  the 
department  of  the  Columbia: 


OFFICE  SUPERINTENDENT  INDIAN  AFFAIRS, 

Salem,  Oregon,  January  25,  1872. 

SIR:  Enclosed  please  find  a  petition  from  citizens 
of  Jackson  county,  Oregon,  for  removal  of  Modoc 
Indians.  I  would  respectfully  ask  that  the  said 
Indians  be  removed  to  Yainax  Station  on  Klamath 
Reservation,  by  the  military  force  now  at  Fort 
Klamath.  I  would  also  suggest  that  sufficient  force 
be  sent  on  this  mission  to  insure  success,  say  fifty 
men.  I  have  ordered  arrangements  to  subsist  the 


15 

Modocs  at  the  place  above  named,  and  have 
instructed  I.  D.  Applegate,  commissary  at  Yainax, 
to  confer  with  commander  a,t  post,  and  accompany 
said  expedition  if  agreeable  to  your  department.  Now, 
if  it  is  not  consistent  with  your  views  on  the 
subject  to  comply  with  the  above  request,  I  would 
respectfully  ask  that  a  military  force  of  the  number 
designated  be  placed,  subject  to  requisition  of  com 
missary  Applegate,  for  the  purpose  above  stated. 
Winter  is  the  only  time  to  successfully  operate 
against  these  Indians. 

I  regret  very  much  the  necessity  of  this  action, 
but  the  peace  and  welfare  of  white  settlers  and 
Indians  demand  that  it  be  done  promptly. 

Very  respectfully, 

Your  obedient  servant, 
(  Signed  )  A.  B.  MEACHAM, 

Supt.  Indian  Affairs  in   Oregon. 

General  E.  R.  S.  CANBY, 

Commanding  Dep.  of  Columbia,  Portland,  Oregon. 


it; 


HEADQUARTERS  DEPARTMENT  OF  THE  COLUMBIA, 

Portland,  Oregon.  February  5,  1872. 

HON.  A.  B.  MEACHAM, 

Supt.  Indian  Affairs  for  Oregon,  Salem,  Oregon. 

SIR:  I  have  the  honor  to  acknowledge  the  receipt 
of  your  communication  of  January  25th,  in  relation 
to  the  Modoc  Indians,  and  also  of  the  sketch  of  the 
Klamath  Reservation,  as  recently  surveyed,   which 
reached  me  on  Saturday.     Referring,  to  the  report  of 
the  commissioners,  appointed  by  you  to  confer  with 
the  Modoc  chiefs,  and  transmitted  in  your  letter  of 
August  28, 1871. 1  find  it  stated  that  as  the  result  of  that 
conference,  "  under  the  circumstances,  we  did  not  think 
it  advisable   to   talk  very  much  with  them,  further 
than  to  advise  them  not  to  do  any  thing  that  would 
have  a  tendency  to  cause  any  collision  between  them 
and  the  settlers,  to  remain  ivliere  they  were  until  they 
saw  you,  not  to  resist  the  military  under  any  circum 
stances,   and    to   pay  no    attention    to  the   talk   of 
irresponsible  parties."     This  has  been  understood  as 
a   temporary    settlement    of  the    question,  and    as 
authorizing  them  to  remain  for  that  time  at  the  point 
where  they  were  found  by  the  commissioners,  unless 
some  different  arrangement  has  since  been  made.     I 
think  that  it  would  not  be  expedient,  or  politic,  to 
send  a  military  force  against  these  Indians,  or,  at  least, 
until  notified  of  the  determination  of  the   govern 
ment  of  the  point  at  which  they  are  to  be  established, 
and  fully  warned  that  they  will  be  treated  as  enemies 


17 

if  within  a  reasonable  and  specified  time  they  do  not 
establish  themselves  as  required.  I  shall  be  pleased 
to  hear  from  you  fully  upon  this  subject,  and  as  early 
as  may  be  convenient,  and  in  the  meantime  will  send  a 
copy  of  your  communication  to  the  commanding 
officer  at  Fort  Klamath,  to  take  all  necessary  measures 
to  protect  the  settlers  against  hostilities  from  the 
Modocs,  and  to  prepare  to  aid  in  their  removal  to  the 
point  indicated  in  your  communication,  should  forcible 
means  become  necessary. 

Very  respectfully, 

Your  obedient  servant, 

(Signed  )  ED.  W.  R.  CANBY, 

Brigadier   General    Commanding. 

[A  true  copy.] 


OFFICE  SUPERINTENDENT  INDIAN  AFFAIRS, 

Salem*  (h'egoi),  February  8,  1872. 

SIR:  I  have  the  honor  to  acknowledge  the  receipt 
of  your  letter  of  the  fifth  instant,  In  reply,  in  part, 
submit  herewith  copy  of  letter  to  commissioner  on  this 
subject ;  further,  would  state  that  I  had  in  my 
annual  report,  for  1871.  recommended  that  a  small 


18 

reservation  be  made  for  the  Modoc  Indians  at  the 
north  end  of  Modoc  Lake.  No  action  has  been  had  by 
the  department  that  I  am  aware  of. 

My  reasons  for  asking  assistance  are  set  forth ,  or 
rather  suggested,  by  the  petition  forwarded  to  you, 
otherwise  I  would  have  deferred  action  until  such 
time  as  instructions  might  be  forwarded  from  Wash 
ington  city.  Since  my  letter  to  you,  I  have  received 
a  communication  from  Hon.  Jesse  Applegate  on  this 
Modoc  question,  a  copy  of  which  please  find  enclosed 
herewith.  I  have  also  learned  from  I.  D.  Applegate, 
commissary  in  charge  of  Yainax,  and  from  J.  N. 
High,  Indian  sub-agent  at  Klamath,  that  hostilities 
were  imminent.  I  am  of  the  opinion  that  any  attempt 
to  arrest  the  chief  and  his  "  body  guard ' '  will  be 
resisted  by  them,  and  serious  consequences  may 
result.  Nevertheless  the  white  settlers  must  be 
protected. 

In  your  letter  you  refer  to  the  agreement  made 
with  commissioners  sent  by  this  department  last 
July,  and  suggested  that  no  action  be  had  until  they 
were  notified  to  place  themselves  upon  the  reserva 
tion,  etc.  That  council  was  held  at  Clear  Lake,  some 
sixty  miles  southeast  of  Modoc  Lake,  where  they  are 
now  located,  hence  you  perceive  they  have  not  kept 
their  part  of  the  agreement,  and  have  forfeited  any 
claim  they  might  have  had  to  forbearance. 

I  do  not  realize  that  there  is  any  unjustifiable 
breach  of  our  part  of  the  compact  of  July  last,  by 
compelling  them  to  go  on  the  reservation.  Had  they 


behaved  honestly,  and  on  their  part  maintained  peace 
able  relations  with  the  white  settlers,  they  might  have 
remained  at  Modoc  Lake  undisturbed.  Such  has  not 
been  the  case,  and  much  as  I  regret  the  necessity  for 
forcible  arrest  and  return  to  the  reservation,  I  can 
see  no  other  way  to  secure  peace  and  mete  out 
justice. 

I  would  respectfully  recommend  that  the  commander 
at  Fort  Klamath  be  instructed  to  arrest  the  chief 
and  five  or  six  of  the  head  men,  and  hold  them  in 
confinement  until  some  further  orders  shall  have  been 
received  from  department  at  Washington  city. 

Very  respectfully, 

Your  obedient  servant, 

(Signed)  A.  B.  MEACHAM, 

Supt.  Indian  Affairs  in  Oregon. 

General  ED.  CANBY, 

Commanding  Dept.  of  Columbia,  Portland  Oregon. 


20 
[  COPY  ] 

OFFICE  SUPERINTENDENT  INDIAN  AFFAIRS, 

Salem  Oregon,  February  19,  1872. 

SIR:  Governor  Grover  has  this  day  called  on  me, 
and  is  very  solicitious  about  Modoc  matters.  I  have 
no  further  information,  but  from  private  letters  learn 
that  the  white  settlers  are  making  preparations  for  self 
defense.  I  can  only  renew  my  recommendation  that 
the  Modoc  chief  and  his  head  men  be  placed  under 
arrest  at  Fort  Klamath. 

Very  respectfully, 

Your  obedient  servant, 

(  Signed  )  A.  B.  MEACHAM, 

Supt.  Indian  Affairs  in  Oregon. 

General  E.  R.  S.  CANBY, 

Commanding,  etc.,  Portland. 


On  the  llth  day  of  April  last  colonel  Elmer  Otis 
and  late  superintendent  Meacham  were  in  the  office 
of  the  superintendent  of  Indian  affairs,  at  Salem, 
and,  at  the  request  of  the  present  superintendent, 
they  expressed  their  views,  in  writing,  in  regard  to 
the  Modocs  and  other  Indians,  as  follows: 


Salem,  Oregon,  April  11,  1872. 


T.  B.  ODENEAL, 

Superintendent  Indian  Ajfdirs. 

SIR:  At  your  request  1  put  the  following  recommen 
dations  in  writing: 

I  would  recommend  that  the  permission  for  captain 
Jack's  band  of  Modocs  to  remain  where  they  now  are 
until  the  question  of  a  new  reservation  be  decided  in 
the  vicinity  of  Tule  Lake,  given  by  Mr.  Meachain,  be 
withdrawn,  and  that  they  be  directed  to  go  on  the 
Klamath  Reservation,  as  per  treaty  of  October,  1864. 
That  this  order  be  given  some  time  in  the  latter  part 
of  September,  so  that  in  case  they  refused,  the  military 
authorities  could  put  them  upon  the  reservation  the 
following  winter  —  the  best  time  for  "corraling" 
them,  should  they  prove  refiv-c tory  —  that  at  least 
two  of  their  leaders,  captain  Jack  and  Black  Jim,  be 
removed  from  them  and  sent  to  Siletz,  or  any  other 
place  you  might  suggest, 

The  reasons  why  I  make  this  recommendation,  with 
reference  to  the  Modocs,  is,  that  where  they  are  now 
they  are  very  insolent,  insulting  to  families,  and  the 
settlers  are  generally  of  the  opinion  that  they  are 
dangerous  to  both  life  Jiiid  property.  I  do  not  believe 
they  will  live  where  they  now  are  in  peace  with  the 
whites  any  length  of  time,  without  the  presence  of  a 
militarv  force  sufficiently  laru'e  -to  make  them  behave 


22 

themselves.     There  is  now  a  force  of  fifty  men  and 
three  officers  in  their  immediate  country. 

I  would  propose  and  strongly  recommend,  that 
We-ah-was'  band,  Oche-hoes'  band,  the  band  at 
Me  Dermi t,  and  the  band  on  the  Truckee  Reservation, 
or  Pyramid  Lake  Reservation  (official  name  of  the 
reservation  not  known  by  me ),  be  brought  on  a 
reservation  on  the  head  waters  of  the  Malheur,  or 
Stein's  mountain  country. 

I  make  the  above  recommendations,  after  com 
manding  the  military  districts  of  Nevada,  Owyhee, 
and  district  of  the  Lakes,  successively  since  December 
of  1867. 

Very  respectfully, 

Your  obedient  servant, 

( Signed )  ELMER  OTIS, 

Major  First  Cavalry 
Commanding  District  of  the  Lakes. 


Xalem,  Oreyon,  Ajtr'd  11,  1872. 

Major  ELMER  OTIS, 

Gommandiftg  District  of  the  Lakes, 

SIR:  I  have  been  relieved  by  my  successor,  Hon.  T. 
B.  Odeneal,  notwithstanding  which,  however,  I  still 
feel  an  abiding  interest  in  whatever  pertains  to  the 
welfare  of  the  country  and  Indians,  and  do  not  hesitate 
to  say  that  your  suggestions  meet  the  case  exactly,  as 
I  understand  the  case  to  be  to  select  a  reservation 
either  on  the  Malheur  or  Stein  mountain  country,  and 
to  consolidate  thereon  the  Harney,  McDermit,  and 
Ochehos  band  of  Snakes,  and  to  consolidate  and  locate 
the  Modocs,  with  the  Wal-pah-pe,  at  Yainax,  thus 

securing  peace  to  the  Modoc  country. 

•- 

Very  respectfully, 

Your  obedient  servant, 

(  Signed  )  A.  B.  MEACHAM, 

Late  Supt.  Indian  Affairs. 


In  his  report  to  Generel  Canby,  bearing  date  April 
15,  1872,  Colonel  Elmer  Otis,  commander  of  district 
of  the  Lakes,  says: 


24 

"  They  ( the  Modocs  )  signed  a  treaty  in  October, 
1864,  to  go  on  the  Klamath  Reservation.  They  came 
on  the  reservation  in  the  Fall  of  1869.  A  portion  of 
them,  with  the  old  chief,  still  remain,  but  captain 
Jack,  who  signed  the  treaty  in  1864,  became  dissatis 
fied  soon  after  coming  on  the  reservation,  and  in 
February,  1870,  formed  a  band,  numbering  now 
probably  sixty  warriors,  and  left  the  reservation,  going 
to  Lost  river  and  Tule  Lake.  Last  fall,  superin 
tendent  Meacham  promised  to  allow  them  to  remain 
where  they  are  until  he  could  see  if  a  small  reservation 
could  not  be  set  aside  for  them  on  the  north  end  of 
Tule  Lake.  These  Indians  are  still  in  this  country, 
and  are  insolent  and  insulting  in  many  instances  to 
the  white1  settlers,  and  the  latter  generally  deem  this 
band  of  Modocs  unsafe  to  both  life  and  property.  If 
a  military  force  was  present  they  could  probably  be 
removed  peaceably  to  camp  Yainax,  on  Klamath 
Reservation,  and  by  moving  the  Piutes  now  there, 
would  leave  them  homes  and  farms  for  their  cultiva 
tion.  I  am  of  the  opinion  that  if  left  where  they  now 
are,  it  will  probably  lead  to  serious  outbreak  in  time." 


DEPARTMENT  OF  THE  INTERIOR. 

Ojf/ice  of  Indian    Affairs, 

\V<i8kin<ftoit.  1).  C(  April  /?,    /.v; V. 

SIR:    I  enclose  herewith  copies  of  papers  received 
by  this   department  by  reference  from  the  honorable 


secretary  of  war,  in  reference  to  the  hostile  attitude 
of,  and  apprehended  trouble  with,  the  Modoc  tribe  of 
Indians. 

You  are  instructed  to  have  the  Modoc  Indians 
removed,  if  practicable,  to  the  reservation  set  apart  for 
them  under  the  treaty  concluded  with  said  Indians, 
October  14,  1864,  and,  if  removed,  to  see  that  they 
are  properly  protected  from  the  Klamath  Indians. 

If  they  can  not  be  removed  to  or  kept  on  the 
reservation,  you  will  report  your  views  as  to  the 
practicability  of  locating  them  at  some  other  point, 
and  if  favorable  to  such  location,  you  will  give  a 
description  by  natural  boundaries,  if  no  other  can  be 
given,  of  the  reservation  that  should  be  set  aside  for 
them. 

Very  respectfully. 

Your  obedient  servant, 

F.  A.  WALKER, 

C&rnmiesioner, 

T.  B.  ODENEAL,  Esq., 

Superintendent  Indian  Affairs,  Salem,  Oregon. 


It  being  impracticable  for  the  present  superinten 
dent  to  go  in  person  to  the  Klamath  country,  he 
referred  the  execution  of  the  foregoing  order  to  L.  S. 
Dyar,  United  States  Indian  agent  at  Klamath 


agency,  and  Ivon  I).  Applegate,  commissary  in 
charge  of  camp  Yainax,  on  Klamath  Reservation;  and, 
on  the  16th  of  May,  1872,  they  reported  that  on  the 
14th  of  the  same  month  they  met  the  chiefs  and  head 
men  of  the  Modocs,  both  those  on  and  off  the  reserva 
tion,  at  the  military  camp  on  Lost  river ;  that  they 
used  every  argument  to  induce  them  to  return  peace 
ably  to  the  reservation,  telling  them  that  this  was  the 
desire  of  the  department ;  that  such  action  would 
insure  them  all  the  rights  and  priviliges  now  enjoyed 
by  the  other  Indians  on  the  reservation,  and  that 
they  should  be  fully  protected  against  any  injustice 
the  Klamaths  might  be  disposed  to  do  them.  Captain 
Jack  made  substantially  the  following  speech: 

"  We  are  good  people,  and  will  not  kill  or  frighten 
anybody.  We  want  peace  and  friendship.  I  arn  well 
known  and  understood  by  the  people  of  Yreka, 
California,  and  am  governed  by  their  advice.  I  do 
not  want  to  live  upon  the  reservation,  for  the  Indians 
there  are  poorly  clothed,  suffer  from  hunger,  and  even 
have  to  leave  the  reservation  sometimes  to  make  a 
living.  We  are  willing  to  have  whites  live  in  our 
country,  but  do  not  want  them  to  locate  on  the  west 
side  and  near  the  mouth  of  Lost  river,  where  we 
have  our  winter  camps.  The  settlers  are  continually 
lying  about  my  people  and  trying  to  make  trouble.  " 

They  would  not  go  upon  the  reservation.  In 
regard  to  selecting  a  new  reservation  for  them,  Messrs. 
Dyar  and  Applegate  say : 

"The  Modocs,  as  parties  to  the  treaty  of  1864, 
ceded  to  the  United  States  the  very  country  over 


which  they  are  now  roving.  Their  right  being 
thus  extinguished,  the  country  was  thrown  open  to 
settlement;  much  of  it  has  been  located  as  State  land, 
and  nearly  every  foot  fit  for  cultivation  has  been  taken 
up  by  settlers,  whose  thousands  of  horses,  cattle  and 
sheep  are  ranging  over  it.  The  country  where  these 
Modocs  are  is  a  pastoral  region,  not  an  agricultural 
country,  and  to  undertake  to  maintain  them  on  a 
small  reservation  there  would  probably  cost  more  than 
to  furnish  for  them  and  the  Klamath's  on  Klamath 
Reservation,  which  is  so  well  fitted  by  its  various 
resources  as  a  home  for  them.  The  white  settlers  are 
very  much  opposed  to  establishing  a  new  reservation 
for  this  band,  and  their  determined  opposition  would 
keep  up  a  continual  conflict.  " 

The  papers  from  the  honorable  secretary  of  war, 
referred  to  by  the  honorable  commissioner  of  Indian 
affairs,  in  his  letter  of  April  12,  1872,  consisted  of  a 
petition  of  settlers  and  letters  written  by  honorable 
Jesse  Applegate,  general  Can  by,  governor  Grover,  late 
superintendent  Meacham,  colonel  Otis,  and  other 
gentlemen.  After  a  careful  examination  of  all  these 
papers,  as  well  as  the  report  of  agent  Dyar  and 
commissary  Applegate,  the  superintendent  addressed 
the  following  letter  to  the  commissioner  of  Indian 
affairs : 


28 


OFFICE  SUPERINTENDENT  INDIAN  AFFAIRS, 

Salem,  Oregon,  Jiuie  17,  1872. 

SIR:  In  answer  to  your  letter  of  the  12th  of  April 
last,  enclosing  copies  of  papers  from  the  honorable 
secretary  of  war,  in  reference  to  the  hostile  attitude 
of,  and  apprehended  trouble  with,  the  Modoc  Indians, 
I  have  the  honor  to  report  that,  in  pursuance  of  your 
instructions  therein  contained,  I  at  once  directed 
agent  Dyar,  of  Klamath  agency,  and  I  von  D. 
Applegate,  commissary  in  charge  of  camp  Yainax,  to 
meet  the  chiefs  and  head  men  of  said  tribe  of  Indians, 
and  endeavor  to  persuade  them  to  go  upon  the 
Klamath  Reservation,  authorizing  the  assurance  to  be 
given  that  they  should  be  fully  protected. 

"  A  counsel  was  held  with  said  Indians  on  the  14th 
ultimo,  and  the  result  thereof  is  contained  in  the 
report  of  Mr.  Applegate  [approved  by  Mr.  Dyar],  a 
copy  of  which  is  herewith  enclosed.  I  referred  the 
matter  to  the  gentlemen  named,  for  the  reason  that 
Mr.  Applegate  has  for  many  years  been  intimately 
acquainted  with  these  Indians,  speaks  their  language, 
and  possesses  their  confidence  to  an  extent  equal 
to  any  one  else.  [  See  indorsement  of  Mr.  Apple- 
gate  by  the  settlers  in  that  country,  in  the  petition 
herewith  published.  ] 

"  The  leaders  of  these  Indians  are  desperadoes  — 
brave,  daring  and  reckless  —  and  their  superior 
sagacity  enables  them  to  exercise  full  and  complete 


29 

control  over  the  rest  of  the  tribe.  They  have  for  so 
long  a  time  been  permitted  to  do  as  they  please,  that 
they  imagine  they  are  too  powerful  to  be  controlled  by 
the  government,  and  that  they  can,  with  impunity, 
defy  its  authority.  This,  in  my  opinion,  is  the  whole 
secret  of  their  insubordination.  They  must,  in  some 
way,  be  convinced  of  their  error  in  this  respect,  by 
such  firm,  decided  action,  as  will  leave  no  doubt  in 
their  minds  in  regard  to  the  fact  that  we  intend  that 
they  must  be  obedient  to  law  and  faithful  to  their 
treaty  obligations.  This  need  not,  and  with  proper 
management,  will  not,  I  think,  require  the  use  of 
force.  When  they  shall  have  been  thus  convinced, 
we  can  with  reasonable  hope  of  success,  commence  the 
work  of  civilizing  and  transforming  them  from  their 
present  savage  state  into  peaceable,  self-controlling  and 
self-supporting  men  and  women. 

"  Unless  the  leaders  shall  in  some  way  be  restrained 
from  pursuing  the  reckless,  defiant  course  they  have 
heretofore  been  permitted  to  pursue,  all  theories  in 
regard  to  their  advancement  in  civilization  must  fail. 
As  well  might  we  expect  our  own  youth  to  practice 
Christian  virtues  under  the  tutorship  of  the  '  bandits 
of  the  Osage, '  or  the  '  road  agents '  of  Montana,  as  to 
think  of  instilling  any  good  into  the  minds  of  the 
Modocs  while  under  the  exclusive  control  of  their 
present  leaders. 

"  I  think  the  most  effectual  way  to  bring  about  a 
peaceable  solution  of  the  troubles,  is  to  take  the  head 
men  into  custody,  <uid  hold  them  at  some  point 
remote  from  their  tribe  until  they  shall  agree  to 


30 

behave  themselvess.  We  deprive  white  men  of  their 
liberty  as  a  reformatory  measure,  and  it  could  not  be 
less  humane  to  pursue  the  same  course  toward  these 
chiefs. 

"  Not  long  since  I  had  a  conversation  with  major 
Elmer  Otis,  who  was  in  command  of  the  troops  in  the 
district,  including  these  Indians,  in  which  he  expressed 
the  opinion  that  all  trouble  with  them  conld  be  settled 
by  arresting  the  leaders,  and  compelling  the  others  to 
go  upon  Klamath  Reservation  ;  but  it  was  his  opinion 
that  positive  orders  should  not  be  given  to  this  effect 
until  about  the  last  of  September,  so  that  in  case  of 
refusal  the  military  could  compel  obedience.  His 
opinion,  as  well  as  that  of  Messrs.  Applegate  and 
Dyar,  and  all  others  from  whom  I  have  obtained  any 
information,  is  that  camp  Yainax,  on  Klamath 
Reservation,  is  the  best  place  in  that  whole  country 
for  the  Modocs  ;  that  they  will  be  as  well  contented, 
and  as  easily  kept  there  as  at  any  other  place  that 
could  be  selected,  and  I  agree  with  them,  and,  there 
fore  respectfully  report  against  the  propriety  of 
locating  them  elsewhere." 

Very  respectfully, 

Your  obedient  servant, 

(Signed)  T.  B.  ODENEAL, 

Superintendent,  Indian  Affairs,  Oregon. 

Hon.  F.  A.  WALKER, 

Commissioner,  etc.,  Washington,  I).  O. 


31 


DEPARTMENT  OF  THE  INTERIOR, 

Office  of  Indian  Affairs, 
Washington,  I).  C.,  July  6,  1872. 

SIR:  I  have  received  your  report,  dated  the  17th 
ultimo,  enclosing  copies  of  letters  from  I.  D.  Applegate, 
dated  the  8th  and  16th  of  May  last,  in  reply  to  a 
communication  from  this  office,  dated  April  12, 1872, 
relative  to  the  removal  of  the  Modoc  Indians  to  the 
Klamath  Reservation,  or  the  propriety  of  having  a 
new  reservation  set  apart  for  them. 

In  your  report  you  state  that  it  is  the  opinion  of 
major  Elmer  Otis,  as  well  as  that  of  Messrs.  Applegate 
and  Dyar,  that  camp  Yainax,  on  Klamath  Reservation, 
is  the  best  place  in  that  whole  country  for  the  Modoc 
Indians ;  that  they  will  be  as  well  contented  and  as 
easily  kept  there,  as  at  any  other  place  that  could  be 
selected,  and  you  agree  with  them  in  their  opinion  and 
report  against  the  propriety  of  locating  them  else 
where. 

You  further  state  that  the  leaders  of  the  Modoc 
Indians  are  desperadoes  —  brave,  daring  and  reckless 
—  and  defy  the  authority  of  the  government  with 
impunity,  and  that  it  will  be  necessary  to  arrest  these 
leaders  and  convince  them  of  their  error  before  any 
civilizing  influences  can  be  brought  to  bear  upon  the 
tribe. 

Your  recommendations,  so  far  as  the  Modoc  Indians 
are  concerned,  are  approved,  and  you  are  directed  to 


32 

remove  them  to  the  Klamath  Reservation  peaceably 
if  you  can,  but  forcibly  if  you  must,  at  the  time 
suggested  in  your  report. 

You  will  exercise  your  discretion  about  making 
arrests  of  the  leaders,  avoiding  any  unnecessary 
violence  or  resort  to  extreme  measures. 

Very  respectfully, 

Your  obedient  servant, 

F.  A.  WALKER, 

Commissioner. 

T.  B.  ODENEAL,  Esq., 

Superintendent  Indian  Affairs,  Salem,  Oregon. 


[Copy] 

OFFICE  SUPERINTENDENT  INDIAN  AEFAIRS, 

Salem,  Oregon,  December  23,  1872, 

SIR:  In  your  letter  of  the  6th  of  July  last  you 
directed  me  to  remove  the  Modoc  Indians  to  Klamath 
Reservation,  peaceably  if  I  could,  but  forciby  if  I 
must. 


33 

For  the  purpose  of  executing  this  order,  I  left  here 
on  the  20th  of  November,  and  arrived  at  Klamath 
agency  on  the  25th  of  the  same  month.  Learning 
that  captain  Jack's  band  of  Modocs  was  then  camped 
on  Lost  river,  I  immediately  dispatched  messenger 
James  Brown  and  I.  D.  Applegate  to  said  camp  with 
the  following  message : 

"  Say  to  them  that  I  wish  to  meet  the  head  men  at 
Link  river,  on  the  27th  instant,  and  to  talk  with 
them.  Impress  upon  them  the  importance  of  meet 
ing  me.  Tell  them  that  I  entertain  none  but  the 
most  friendly  feelings  for  them,  and  that  the  object  of 
the  interview  sought  is  to  advance  their  interests  and 
promote  their  welfare.  That  I  have  made  ample 
provisions  for  their  comfortable  subsistance  at  camp 
Yainax,  on  Klamath  Reservation,  and  desire  to  have 
them  go  there  and  receive  their  proportion  of  the 
annuities  ;  that  if  they  will  go  with  you  to  the 
reservation  within  a  reasonable  time  —  as  soon  as 
they  can  get  ready  —  they  shall  be  fairly  and  justly 
dealt  with,  and  fully  protected  in  all  their  rights 
against  any  injustice  which  other  tribes  might  be 
disposed  to  do  them.  If  they  agree  to  go  with  you, 
say  to  them  that  they  need  not  meet  me  as  requested, 
and  that  I  will  see  them  at  Yainax.  In  the  event 
they  decline  to  go  to  the  reservation,  you  will  say 
they  must  meet  me  at  Link  river,  as  I  desire  to  and 
must  come  to  a  positive  understanding  with  them.  " 

On  the  same  day  I  addressed  the  following  letter 
to  lieutenant  colonel  Wheaton,  commanding  the 
district  of  the  lakes,  to  wit: 


34 

OREGON  SUPEBIN  TENDENCY, 
Klamath  Agency,  November  25,  1872. 

SIR:  I  am  here  for  the  purpose  of  putting  the 
Modoc  Indians  upon  this  reservation,  in  pursuance  of 
an  order  from  the  honorable  commissioner  of  Indian 
affairs,  a  copy  of  which  is  as  follows:  "You  are 
directed  to  remove  the  Modoc  Indians  to  Klamath 
Reservation,  peaceably  if  you  can,  but  forcibly  if  you 
must. " 

I  hrve  requested  the  head  men  of  the  tribe  to- meet 
me  at  Link  river  on  the  27th  instant,  at  which  time 
I  shall  endeavor  to  persuade  them  to  return  to  the 
reservation.  If  they  shall  refuse  to  come  voluntarily, 
then  I  shall  call  upon  you  for  a  force  sufficient  to 
compel  them  to  do  so.  They  have  some  eighty  well 
armed  warriors,  and  I  would  suggest  that  as  large  a 
force  be  brought  to  bear  against  them  at  once  as  you 
can  conveniently  furnish,  in  the  event  it  shall  be 
determined  that  they  cannot  be  removed  peaceably. 

Immediately  after  the  conference  referred  to  I  will 
inform  you  of  the  result  thereof,  and  in  the  meantime 
I  have  to  request  that  all  necessary  preliminary 
arrangements  be  made  for  concentrating  the  forces  at 
your  command,  and  having  them  ready  for  active 
operations. 

Very  respectfully, 

Your  obedient  servant, 
(  Signed  )  T.  B.  ODENEAL, 

Superintendent  Indian  Affairs,  Oregon. 

Lieutenant  Colonel  FRANK  WHEATON, 
Commanding  District  of  the  Lakes, 

(lamp  Warner*  Oregon* 


35 

My  plan  was,  if  they  could  not  be  removed  peace 
ably,  to  bring  so  large  a  force  against  them  as  to 
overawe  them  at  once,  and  thus  insure  the  execution 
of  the  order  without  fighting. 

Lost  river  is  fifty-five  miles  from  Klamath  agency 
—  twenty  three  miles  from  Link  river.  On  the  day 
appointed,  in  company  with  agent  L.  S.  Dyer,  I  went 
to  the  place  designated  for  the  meeting,  and  there  met 
the  messengers,  who  reported  that  they  had  been  to 
the  camp  of  captain  Jack's  band  of  Modocs,  and  had 
informed  the  head  men  of  everything  contained  in  my 
instructions,  and  besides  had  used  every  argument  in 
their  power  to  persuade  them  to  meet  me,  or  go  upon 
the  reservation.  That  they  peremptorily  declined  to 
do  either.  Captain  Jack,  the  head  chief,  made 
sudstantially  the  following  speech: 

"  Say  to  the  superintendent  that  we  do  not  wish  to 
see  him,  or  to  talk  with  him.  We  do  not  want  any 
white  man  to  tell  us  what  to  do.  Our  friends  and 
counsellors  are  men  in  Yreka,  California.  They  tell 
us  to  stay  where  we  are,  and  we  intend  to  do  it,  and 
will  not  go  upon  the  reservation.  I  am  tired  of  being 
talked  to,  and  am  done  with  talking.  " 

After  considering  and  discussing  the  matter  with 
agent  Dyar  and  Mr.  Applegate,  and  receiving  from 
them  the  positive  opinion  that  nothing  but  the 
appearance  of  an  armed  force  at  their  camp  could 
have  any  influence  whatever  upon  them,  I  concluded 
to  call  for  such  force,  and  accordingly  sent  Mr.  Apple- 
irate  to  Fort  Klamath  with  the  followin 2;  letter,  which 


36 

I  authorized  him  to  deliver  to  major  John  Green, 
commanding  that  post,  and  that  if*  he  had  not 
sufficient  authority  and  force  to  act,  to  forward  the 
same  to  colonel  Wheaton,  to  wit: 


OREGON  SUPERINTENDENCY, 

Link  River,  November  27,  1S72. 

SIR:  The  bearer  of  this,  captain  I.  D.  Applegate,  has 
just  returned  from  the  camp  of  the  Modoc  Indians, 
and  he  informs  me  that  they  defiantly  decline  to  meet 
me  at  this  place,  in  accordance  with  my  request  sent 
by  him.  They  authorized  him  to  say  that  they  did 
not  desire  to  see  or  to  talk  with  me,  and  that  they 
would  not  go  upon  Klamath  Keservation.  In  order, 
therefore,  to  carry  out  the  instructions  of  the 
honorable  commissiener  of  Indian  affairs,  I  have  to 
request  that  you  furnish  a  sufficient  force  to  compel 
said  Indians  to  go  to  camp  Yainax,  on  Klamath 
Reservation. 

I  transfer  the  whole  matter  to  your  department, 
without  assuming  to  dictate  the  course  you  shall 
pursue  in  executing  the  order  aforesaid,  trusting,  how 
ever,  that  you  may  accomplish  the  object  desired 
without  the  shedding  of  blood,  if  possible  to  avoid  it. 

If  it  shall  become  necessary  to  use  force,  then  I 
have  to  request  that  you  arrest  captain  Jack,  Black 
Jim,  and  Scar-faced  Charley,  and  hold  them  in 
custody,  subject  to  my  orders. 


37 

i 

I  am  informed  that  these  leaders,  with  only  about 

half  of  their  warriors,  are  camped  near  the  mouth  of 
Lost  river,  and  if  the  force  could  be  immediately  sent 
to  that  place  I  think  they  might  be  induced  to 
surrender  and  come  upon  the  reservation  without 
further  trouble.  " 

Very  respectfully, 

Your  obedient  servant, 

(Signed  )  T.  B.  ODENEAL, 

Superintendent  Indian  Affairs,  Oregon. 


This  letter  was  addressed  to  no  one  on  the  inside, 
but  was  sent  to  major  Green,  with  instructions  to  the 
bearer,  Mr.  Applegate,  to  address  it  to  colonel  Frank 
Wheaton,  camp  Warner,  in  the  event  major  Green 
had  not  authority  and  force  sufficient  to  enable  him  to 
act.  He  had  told  me  on  the  26th  that  he  had  orders 
to  act,  but  I  did  not  learn  to  what  extent.  I  am 
informed  that  my  letter  was  immediately  forwarded 
to  colonel  Wheaton. 

On  the  28th  of  November,  at  five  o'clock,  p.  M.,  a 
special  messenger  delivered  to  me  a  letter  from 
major  Green,  a  copy  of  which  is  as  follows: 


38 


"  HEADQUARTERS,  FORT  KLAMATH, 

"November  28,  1872. 

"  Mr.  T.  B.  ODENEAL, 

"Superintendent  Indian  Affairs. 

"  SIR:  In  compliance  with  your  written  request  of 
yesterday,  I  will  state  that  captain  Jackson  will  leave 
this  post  about  noon  to-day,  with  about  thirty  men ; 
will  be  at  Link  river  to-night,  and  I  hope  before 
morning  at  captain  Jack's  camp. 

"  I  am,  sir,  very  respectfully, 
"  Your  obedient  servant, 

"  JOHN  GREEN, 
"Major  First  Cavalry  Commanding  Post." 


The  impression  seemed  prevalent  among  military 
men,  and  some  others,  that,  on  account  of  the  weather 
and  other  adverse  circumstances  surrounding  the 
Indians,  that  they  would  surrender  and  go  to  the 
reservation  as  soon  as  they  saw  that  there  was  a 
probability  that  troops  would  be  used  against  them,  if 
they  should  refuse  to  go. 

This  force  was,  in  my  estimation,  too  small,  and 
as  soon  as  I  received  major  Green's  letter  I  sent  James 
Brown,  messenger  in  this  office,  in  company  with  a 


39 

man  named  Crawley  ( who  lived  within  a  quarter  of 
a  mile  of  the  camp  of  the  Modocs ),  to  notify  all  set 
tlers,  who  could  be  in  any  danger  in  the  event  of  an 
unsuccessful  engagement  with  the  Indians,  that  the 
cavalry  were  coming.  They  notified  several  families, 
who  went  with  them  to  Crawley 's  house, 
arriving  there  at  half-past  twelve  o'clock  that  night. 
Mr.  Brown  says  he  knew  nothing  of  other  settlers 
living  below  Crawley' s ;  that  there  were  six  men 
there  with  him,  all  well  acquainted  with  the  country ; 
that  no  one  said  anything  about  there  being  other 
settlers  who  might  be  in  danger.  Mr.  Brown  also 
says  that  all  could  have  been  notified  easily  before 
daylight.  If  this  had  been  done,  no  one  would  have 
been  murdered.  I  state  facts  only.  Feeling  con 
scious  that  I  did  everything  in  my  power  to  avert  all 
danger,  and  knowing  that  blaming  others  can  not 
bring  the  dead  to  life,  or  relieve  the  anguish  of 
sorrowing  friends,  I  shall  offer  no  words  of  censure 
against  any  one  for  the  sad  results. 

Learning  that  the  troops  would  not  come  by  way  of 
Link  river  ( where  I  was ),  I,  at  one  o'clock  in  the 
morning  of  the  29th,  went  to  a  point  on  the  road 
which  they  would  pass,  some  three  miles  distant,  and 
there  gave  captain  Jackson,  at  his  request,  verbal 
directions  substantially  as  follows: 

"  When  you  arrive  at  the  camp  of  the  Modocs, 
request  an  interview  with  the  head  men,  and  say  to 
them  that  you  did  not  come  to  fight  or  to  harm  them, 
but  to  have  them  go  peaceably  to  camp  Yainax,  on 
Klamath  Reservation,  where  ample  provision  has  been 


40 

made  for  their  comfortable  subsistence,  and  where  by 
their  treaty  they  agreed  to  live.  Talk  kindly  but 
firmly  to  them,  and  whatever  else  you  may  do,  I 
desire  to  urge  that  if  there  is  any  fighting,  let  the 
Indians  be  the  aggressors ;  fire  not  a  gun,  except  in 
self-defence,  after  they  have  first  fired  upon  you." 

The  troops  arrived  at  the  camp  of  the  Modocs  at 
seven  o'clock  in  the  morning,  obtained  an  interview, 
and  a  conversation  ensued,  lasting  some  three  quarters 
of  an  hour.  Captain  Jackson  has  since  informed  me 
that  he  repeated  to  them  all  I  requested  him  to  say, 
and  used  every  argument  he  could  to  induce  them  to 
go.  All  proving  ineffectual,  he  demanded  of  them  to 
lay  down  their  arms,  when  one  of  the  leaders 
Scar-faced  Charley  with  an  oath,  said  he  would 
shoot  one  officer,  and  fired  at  lieutenant  Boutelle, 
who  was  in  front  of  his  men.  A  general  firing 
commenced  at  once  on  both  sides.  The  battle  lasted 
some  two  hours,  when  the  Indians  escaped,  but 
returned  again  in  the  afternoon  and  attacked  the 
troops. 

The  murders  of  citizens  were  committed  by  six 
men  and  one  woman.  All  can  be  identified.  The 
matter  being  in  the  hands  of  the  military,  I  have  of 
course  exercised  no  control  since  the  'battle,  further 
than  to  suggest  that  the  Indians  should  be  required  to 
surrender,  lay  down  their  arms  and  go  to  the  reser-* 
vation,  and  that  the  murderers  be  delivered  to  the 
civil  authorities  to  be  dealt  with  according  to  law.  I 
have  also  suggested  that  the  leaders  be  taken  charge 
of,  and  held  subject  to  further  orders. 


41 

The  military  purpose  pursuing  until  they  capture 
them.  I  believe  this  the  only  safe  way  to  do. 
Should  the  troops  return  to  their  posts,  the  Indians 
would  regard  it  as  a  defeat  of  the  government,  their 
insolence  and  defiance  would  become  still  more 
intolerable,  and  a  general  warfare  might  be  waged 
until  every  settler  in  that  region  would  be  murdered. 
Other  Indians,  now  peaceable,  seeing  their  success, 
would  hasten  to  join  them,  and  the  result  would  be 
the  most  gigantic  Indian  war  of  modern  times.  *  * 

Indians  should  be  dealt  with  kindly  and  humanely, 
but  more  as  if  they  were  children  than  men,  until 
they  can  be  educated  in  the  ways  and  habits  of 
civilized  life.  The  government  should  faithfully 
perform  all  its  promises,  and  as  a  father  enforces  his 
rules  and  mandates,  so  should  they  be  made  to  fulfill 
their  promises  and  argreements.  Believing,  as  I  ever 
have,  that  many  acts  of  injustice  have,  in  the  past, 
been  committed  against  them  by  representatives  of 
the  government,  as  well  as  by  individual  white  men, 
my  sympathies  are  enlisted  in  their  favor  when  I  see 
any  attempt  made  to  invade  or  trample  upon  their 
rights.  I  can  make  due  allowance  for  the  ignorance 
which  their  habits,  condition,  and  want  of  opportunity 
to  become  enlightened,  has  entailed  upon  them.  But 
there  are  exceptions  to  all  rules.  A  majority  of  the 
Modocs  have  for  years  been  residing  upon  the  reser 
vation,  and  demeaning  themselves  properly,  while 
captain  Jack,  disregarding  the  counsel  of  the  head 
chief,  Scon-chin,  has  persisted  in  roaming  whither 
soever  he  pleased,  taking  as  many  others  with  him  as 


42 

he  could  persuade  to  go.  No  injustice  has  ever 
been  done  these  Modocs  that  I  am  aware  of, 
though  they  have  been  bad  Indians  in  the  past, 
having  murdered  helpless  emigrants  passing  through 
their  country  by  the  score.  Captain  Jack  and  the 
other  leaders  of  his  band  are  not  educated  in  books, 
but  for  natural  common  sense  they  are  not  much 
inferior  to  ordinary  white  men.  They  are  schooled  in 
all  the  vices  of  our  race,  and  have  no  apparent  desire 
for  any  other  kind  of  knowledge.  It  is  not  ignorance 
which  impels  them  to  pursue  the  course  they  do. 
They  know  better,  but  not  unlike  many  white  men, 
are  destitute  of  all  moral  principle,  and  have  no 
respect  for  the  rights  of  others.  There  are  enough  of 
them  to  demoralize  all  the  Indians  in  that  part  of  the 
State,  and  I  believe  that  to  subdue  them  now,  is 
not  only  the  most  merciful  and  christianlike,  but  the 
only  safe  way  to  deal  with  them.  For  eight  years 
they  have  been  permitted  to  baffle  and  defy  the 
government  in  the  course  desired  to  be  pursued  for 
their  benefit,  until  mariy  Indians  on  the  reservation, 
familiar  with  their  conduct,  were  becoming  discon 
tented,  and  soon  would  have  fled  from  the 
restraints,  as  they  consider  them,  connected  with 
living  at  an  agency.  The  good  of  all  the  Indians  in" 
that  part  of  the  State  demanded  that  your  order  be 
executed  without  further  delay.  I  tried  to  carry  out 
your  instructions  peaceably.  Persuasive  measures 
proved  fruitless.  The  military  tried  to  effect  the 
object  desired,  by  both  argument  and  intimidation. 
All  failed.  The  Indians  commenced  hostilities,  and 
now,  I  think,  no  terms  should  be  made  with  the  band 


43 

which  could   interfere  with  afterwards  arresting  and 
removing  the  leaders,  and  the  trial  of  the  murderers. 


Since  you  first  ordered  these  Indians  to  be  removed,  I 
have  received  many  letters  from  citizens,some  addressed 
to  me,  and  some  by  reference  from  the  governor,  com 
plaining  of  captain  Jack's  band,  and  asking  for  relief. 
They  were  becoming  more  insolent  every  day.  When 
they  wanted  a  barrel  of  flour  or  a  beef,  they  would  go  and 
demand  it  of  the  nearest  settler,  who,  being  afraid  to 
refuse,  gave  them  whatever  they  called  for.  A  dozen 
or  more  would  go  into  a  house,  demand  their  break 
fast,  dinner,  or  supper,  and  the  frightened  women,  not 
daring  to  refuse,  would  prepare  the  meal  for  them 
while  they  lounged  around  on  the  beds,  or  sat  and 
smoked  by  the  fire.  The  land  had  been  taken  under 
the  homestead  and  pre-emption  laws,  yet  the  Indians 
claimed  it,  and  would  demand  hay  and  grain  as  rent. 

T.  B.  ODENEAL, 
Superintendent  Indian  Affairs. 

t 
Honorable  Commissioner  Indian  Affairs, 

Washington,  D.  C. 


44 


Extracts  from  monthly  report  of  L.  S.  Dyar,  United 
States  Indian  agent,  for  month  of  November,  1872, 
to  honorable  commissioner  Indian  affairs: 

It  is  well  known  that  the  Modocs,  by  treaty 
stipulations,  belong  on  this  reservation,  and  were 
formerly  here,  and  also  that  some  years  ago  they  ran 
away,  und  have  since  constantly  refused  to  return, 
setting  at  defiance  the  authority  of  the  government. 
It  is  also  understood  that  the  commissioner  of  Indian 
affairs,  upon  the  recommendation  of  colonel  Otis,  I. 
D.  Applegate,  commissary  in  charge  at  Yainax,  myselt, 
and  perhaps  superintendent  Odeneal,  authorized  the 
superintendent  to  remove  captain  Jack's  band  of 
Modocs  to  this  reservation,  "peaceably  if  he  could, 
forcibly  if  he  must,"  and  the  month  of  October  was 
the  time  fixed  for  their  removal.  But  upon  advice,  of 
those  best  acquainted  with  the  "situation, "  and  very 
wisely  too,  I  think,  it  was  deferred  until  winter 
should  set  in. 

On  the  25th  of  November  superintendent  Odeneal 
sent  Mr.  I.  D.  Applegate,  a  man  intimately  acquainted 
with  Indian  character,  and  Mr.  James  Brown,  depart 
ment  messenger,  from  Linkville  to  the  camp  of  the 
Modocs,  at  the  mouth  of  Lost  river,  with  instructions 
•  to  see  captain  Jack,  and  the  leading  men,  and  tell 
them  that  the  superintendent  wished  them  to  meet 
him  at  Link  river,  about  twenty  miles  from  their 
camp,  on  the  28th,  or,  if  they  would  not  meet  him 
there,  to  come  upon  the  reservation,  and  he  would  see 


45 

them  here ;  that  ample  provision  had  been  made  for 
their  subsistance  and  comfort.  Mr.  Odeneal  then 
came  on  to  the  agency,  arriving  here  on  the  evening 
of  the  25th,  and  on  the  27th  I  went  with  him  to  Link 
river,  to  meet  the  Indians  on  the  28th,  should  they 
consent  to  come.  On  the  way  to  Link  river  we  met 
Mr.  Applegate  returning  from  the  Modoc  camp,  and 
he  reported  that  captain  Jack  refused  to  meet  Mr. 
Odeneal  at  Link  river ;  that  he  did  not  wish  to  see 
the  superintendent ;  that  he  had  done  talking  ;  that 
he  was  advised  by  his  friends,  white  men  in  Yreka,  to 
stay  where  he  was,  and  that  he  would  not  go  on  the 
reservation. 

On  reaching  Linkville,  Mr.  Odeneal  immediately 
sent  a  messenger  to  major  Green,  at  Fort  Klamath, 
with  a  dispatch  stating  these  facts,  and  turning  the 
matter  over  to  the  military,  instructing  them  to  bring 
captain  Jack's  band  upon  the  reservation,  and  to  do  so 
peacably  if  possible,  but  to  bring  them.  Major  Green, 
believing  that  if  taken  by  surprise  they  would 
probably  not  resist,  immediately  dispatched  captain 
Jackson  with  about  thirty-five  mounted  men  at  noon 
of  the  28th,  and  by  marching  all  night,  a  distance  of 
fifty-five  miles,  the  detachment  reached  the  main 
Modoc  camp,  about  day  break  the  next  morning.  The 
surprise  was  complete.  Before  the  Indians  were  aware 
of  their  approach  the  soldiers  were  in  their  camp. 
Major  Jackson  immediately  called  for  captain  Jack  to 
come  out  and  talk,  telling  the  Indians  at  the  same 
time  that  he  did  not  come  to  fight  them,  but  he  wanted 
them  to  "lay  down  their  arms  and  be  quiet,"  and 
"they  should  not  be  hurt. "  *  *  * 


46 

They  thus  continued  talking  to  the  Indians  for 
twenty  or  thirty  minutes,  and  it  seemed  that  they 
had  not  decided  to  fight,  until  Scar-faced  Charley,  a 
leading  desperado,  who  had  meantime  gone  into  his 
hut  and  painted  his  face,  and  dressed  up  in  war 
costume,  came  out  with  his  gun,  in  defiant  manner, 
and,,  when  ordered  by  captain  Jackson  to  lay  it  down, 
refused.  Captain  Jackson  then  ordered  lieutenant 
Boutelle  to  take  four  men  and  disarm  him.  Charley 
deliberately  raised  his  gun  and  fired  at  the  lieutenant, 
who  instantly  returned  the  fire,  and  then  the  fight 
commenced.  There  were  about  fifteen  or  twenty 
warriors  in  the  camp,  and  they  were  soon  driven  to 
the  brush,  where  they  had  the  advantage  of  a  cover, 
but  after  fighting  for  some  time  they  were  driven 
away  with  a  loss  of  four  or  five  killed,  rnd  several 
wounded,  among  whom  was  Black  Jim,  one  of  the 
leaders.  None  of  the  leaders  were  killed,  although  it 
was  so  reported  at  first. 

During  the  fight,  or  immediately  after,  a  party  of 
six  Indians  started  down  the  lake,  murdering  the 
helpless  settlers  who  were  entirely  ignorant  of  any 
movements  of  the  military,  and  thirteen  men  and 
boys  were  killed.  The  women  were  allowed  to  escape. 
On  learning  that  the  soldiers  were  moving,  Mr. 
Odeneal  dispatched  two  men  to  warn  these  settlers, 
one  of  whom  lived  near  the  scene  of  the  fight,  and 
was  well  acquainted  with  the  whole  country,  but  they 
went  no  further  than  his  own  place,  leaving  all  those 
below  unapprised  of  danger.  This  accouuts  for  the 
terrible  massacre.  ****** 


47 

Some  friendly  Indians,  who  were  present  while  Mr. 
Odeneal's  messengers  were  talking  to  the  Modocs, 
state  that  Scar-faced  Charley  and  some  others  were 
in  favor  of  killing  the  messengers,  but  captain  Jack 
disapproved  of  it,  saying  that  Mr.  Odeneal  might 
come  himself  in  a  few  days.  Had  Mr.  Odeneal  gone 
to  the  camp  I  have  but  little  doubt  he  would  have 
been  killed. 

I  think  the  whole  course  of  the  superintendent  the 
wisest  that  could  be  adopted. 

L.  S.  DYAR, 
United  States  Indian  Agent. 


APPENDIX. 


As  a  sequel  to  the  above  official  history,  the  following  statement  of 
the  findings  of  the  peace  commission  is  appended: 

FAIRCHILD'S,  HEADQUARTERS  PEACE  COMMISSION, 
California,  March  6,  1873. 

EDITORS  BULLETIN:  As  the  peace  commission  probably  closes  its 
labors  at  this  date,  it  seems  proper  to  give  through  you  to  the  public  an 
account  of  the  manner  in  which  it  has  discharged  its  duties.  "W.hile 
awaiting  the  tedious  delays  of  negotiation,  the  reasons  for  its  acts  have 
been  embodied  in  the  form  of  reports  to  the  Indian  department;  but,  as  the 
Hon.  A.  B.  Meacham,  Chairman  of  the  commission,  will  report  in  person 
at  Washingon,  the  formal  written  reports  maybe  dispensed  with.  These 
reports  were  prepared  and  submitted  to  the  commission  (  after  Judge 
Koseborough  was  added  to  it)  and  to  general  Canbyfor  their  examination. 
They  were  approved  without  conflicting  sentiment,  except  as  regards 
jurisdiction,  general  Canby  being  of  opinion  that  the  Indians,  surrrender- 
ing  themselves  as  prisoners  of  war,  would  be  exempt  from  process  and 
trial  in  either  Oregon  or  California,  andlhat  the  protection  promised 
them  by  the  commission  might  be  assured  to  them,  if  the  terms  of  sur 
render  were  approved  by  the  federal  government.  Judge  Koseborough 
dissents  from  the  legal  view  of  the  case,  but  thinks  neither  state  would 
assert  its  rights  to  punish  the  murderers,  if  satisfied  they  would  be  removed 
to  some  distant  point  beyond  the  limits  of  those  states  never  to  return  t 

I  send  you  two  reports,  not  formally  adopted  or  sent  as  such  to  Washing 
ton,  but  as  representing  the  conclusions  of  the  commission,  and  a  brief 
statement  of  some  of  the  reasons  upon  which  their  conclusions  are  based. 
I  will,  in  a  few  days,  send  you  a  third  paper,  which,  in  the  form  of  a 
journal  or  narrative,  will  give  a  history  of  the  negotiations  with  the 
Indians  up  to  their  close,  and  consequent  dissolution  of  the  commission. 

Very  respectfully, 

JESSE  APPLEGATE 


50 

HEADQUARTEKS  MODOC  PEACE  COMMISSION, 

FAIRCHILD'S  KANCH,  California,  Feb.  22,  1873. 

To  HON.  H.  E.  CLUM, 

Acting  Commissioner  of  Indian  Affairs,  Washington,  D.  C. 

SIR:  The  undersigned,  the  special  commmission  u  to  inquire  into  the 
troubles  with  the  Modoc  Indians,"  have  had  the  subject  under  considera 
tion,  and,  promising  that  it  will  again  return  to  the  subject  should 
further  developments  make  it  necessary,  would  respectfully  make  a  par 
tial  report  in  answer  to  that  part  of  your  instructions  embraced  in  the 
following  words,  to  wit:  "The  objects  to  be  attained  by  the  commis 
sion  are  these:  First,  to  ascertain  the  causes  which  have  led  to  the  difficul 
ties  and  hostilities  between  the  United  States  troops  and  the  Modocs." 

This,  the  first  part  of  our  duties,  being  an  examination  into  the  events 
of  the  past,  now  beyond  change,  and  being  useful  only  as  it  will  enable 
us  to  apply  the  proper  remedies  forathe  future,  we  have  thought  it  best  to 
make  a  report  of  the  facts  now  known  to  us,  so  that  the  department 
may  give  us  its  further  instructions  in  regard  to  the  more  important 
branch  of  our  duties,  viz:  u  To  devise  the  most  effective  and  judicious 
measures  for  preventing  the  continuance  of  these  hostilities,  and  for  the 
restoration  of  peace." 

The  conclusions  arrived  at  in  regard  to  the  troubles  are, 

First,  Dissatisfaction  of  the  Indians  with  the  Klamath  Reservation 
as  a  place  of  residence,  owing  mainly  to  the  domination  of  the  Klamath 
Indians  on  that  agency. 

Second,  To  the  assertion  of  their  right  to  a  country  which  they  have 
conveyed  by  treaty  to  the  United  States  (of  October,  1864),  and  which 
is  now  occupied  by  settlers  under  the  preference  laws  of  congress. 

Third,  To  their  persistent  determination  to  reside  in  and  roam  over, 
at  will,  the  country  once  belonging  to  them,  and  their  refusal  to  abandon 
or  abate  these  pretentious,  though  frequently  urged  to  do  so  by  the 
Indian  department 

Fourth,  That  the  Indians,  by  the  assertion  of  the  rights  of  owner 
ship  over  the  Lost  River  Basin,  and  treating  as  tenants  the  white  settlers 
therein,  would  inevitably  lead  to  a  collision  between  the  races. 

Fifth,  A  collision  being  emminent,  superintendent  Odeneal,  after 
exhausting  all  peaceable  means  of  removing  the  Indians  to  the  reserva 
tion  where  they  had  agreed  to  reside,  rightfully  and  properly  turned 
over  the  execution  of  the  orders  of  the  Indian  department  to  the  mili 
tary  arm  of  the  government. 

Sixth,  Though  the  force  at  the  disposal  of  colonel  Green,  in  command 
at  Fort  Klamath,  proved  inadequate  to  execute  the  order  of  the  Indian 
department  at  Washington,  it  is  our  opinion  that,  in  the  prompt  action 


51 

of  that  officer,  was  the  only  hope  of  effecting  the  arrest  of  the  contuma 
cious  Indians;  for,  by  the  necessary  delay  and  unavoidable  publicity  of 
collecting  the  disposable  forces  at  the  neighboring  posts,  opportunity 
would  have  been  given  for  the  Indians  to  be  informed  of  the  intended 
movement,  ar.d  its  purpose  defeated  by  their  withdrawal  to  their  inac- 
cessable  fastnesses  in  the  rocks. 

The  facts  upon  which  the  foregoing  conclusions  are  based  are  briefly 
as  follows: 

Though  the  Klamath  and  Modoc  countries  adjoin,  the  tribes  speak  the 
same  language  and  doubtless  have  a  common  origin.  Bitter  feuds  have 
existed  and  still  exist  between  them.  The  Klamath  Reservation  is  located 
exclusively  in  the  Klamath  country.  To  remove  the  Modocs  to  it  was 
a  measure  repugnant  to  both  people,  and  was  probably  a  mistake — cer 
tainly  the  most  difficult  article  to  negotiate  in  the  treaty  with  the  Modocs. 
It. further  seems,  from  the  facts,  that  the  Klamath  being  the  stronger 
tribe,  though  committing  no  serious  depredations  upon  their  ancient 
enemies,  were  arrogant  and  sometimes  oppressive;  at  least  enough  so  to 
make  the  stay  of  the  Modocs  at  the  same  agency  very  uncomfortable, 
and  since  the  Yainax  station  was  established  on  the  same  Reservation, 
forty-five  miles  eastward  of  the  Klamath  agency,  the  chief,  Schon-chin,. 
and  the  other  Modocs  faithful  to  the  stipulations  of  the  treaty  of  Octo 
ber,  1864,  have,  at  their  request,  resided  at  that  station. 

Beside  the  wrongs  inflicted  upon  them  by  the  Klamaths,  captain  Jack 
and  his  band  have  complained  of  ill-treatment  from  the  agents  in  charge 
at  Klamath.  If  this  complaint  be  well  founded,  we  are  satisfied  that  the 
fault  lies  in  the  stipulations  of  the  treaty,  not  in  their  execution  by  the 
agents  and  employees  of  the  department.  If  insufficient^  the  distribu 
tions  of  food  and  clothing  have  been  impartial.  No  indulgencies  have 
been  allowed  to  one  tribe  or  band  of  Indians  not  extended  in  equal  terms 
to  all;  and  while  the  Klamaths,  Snakes  and  Schon-chin' s  band  of 
Modocs  have  been  content,  or  at  least  have  borne  their  grievances  with 
patience,  captian  Jack  and  his  followers  alone  have  found  cause  to  justify 
a  refusal  to  perform  their  treaty  stipulations  and  deny  their  binding  force 
upon  them. 

From  the  denial  of  the  binding  force  of  the  treaty  of  October  14,  1864, 
by  the  Modocs,  has  grown  all  the  difficulties,  troubles,  and  lastly  blood 
shed,  between  the  whites  and  these  savages.  Mistaking  the  mercy  and 
forbearance  of  the  government  for  a  baser  passion,  these  people,  from 
long  impunity,  have  become  continually  more  bold  and  aggressive;  and 
to  the  credit  of  the  settlers  it  must  be  said,  that  while  the  Indians  can 
not  point  to  x  single  wrong  at  their  hands,  they  have  borne  the  wrongs 
and  indignities  heaped  upon  them  with  more  tnan  the  usual  ptience  and 
forbearance  of  a  frontier  people. 

Besides  the  facts  set  forth  in  petitions  numerously  signed  and  addressed 
to  different  authoities  from  whom  the  citizens  hoped  for  redress,  many 


52 

individual  cases  have  been  brought  to  the  knowledge  of  the  commis 
sioners,  which  leave  no  doubt  of  the  increasing  aggressions  of  the 
Indians  upon  the  unresisting  settlers,  and  that  the  Modocs  not  only  pre 
scribed  the  terms  upon  which  they  would  permit  settlements  on  Lost 
Rher  and  Rhett 'Lake,  but  in  all  other  parts  of  the  Modoc  Basin. 

To  such  an  extent  had  the  impudence  and  exactions  of  these  usurping 
lords  of  the  soil  been  carried,  that  in  the  fall  of  1872  the  settlers,  dis- 
pairing  of  protection  from  the  federal  or  state  government,  were  band 
ing  together  for  self-protection;  for  there  is  every  reason  to  believe  that 
the  first  detected  theft  or  burglary  would  have  been  followed  with  the 
summary  punishment  of  the  perpetrators,  and  the  country  involved  in  all 
the  horrors  of  an  Indian  war. 

The  commission  is  aware  that,  in  expressing  an  opinion  of  the  /pro* 
priety  or  impropriety  of  a  military  measure,  it  is  probably  extending  its 
inquiries  beyond  its  legitimate  sphere  and  may  seem  to  trench  upon  the 
prerogatives  of  the  military,  but  each  step,  in  this  melancholly  affair,  is 
so  intimately  connected  with  every  other  that  it  seems  the  report  of  the 
commission,  on  this  part  of  their  inquiries,  would  be  incomplete  if  this 
final  document  was  omitted.  Advice  had  been  given  to  these  Indians 
by  white  men,  to  evade  if  not  resist  the  authority  of  the  Indian  depart 
ment,  and  an  individual  (now  no  more)  was  under  promise  to  warn  them 
of  the  approach  of  the  soldiers,  should  military  force  be  resorted  to. 
Hence,  it  was  well  known  to  the  Indian  department  and  colonel  Green 
that  a  military  force  would  fail  to  arrest  the  Indians,  if  they  were 
advised  of  the  time  of  its  coming.  The  unfortunate  man  who  did  not 
know  of,  but  had  promised  to  inform  the  Indians  of  the  coming  of  the 
soldiers,  was  murdered  with  the  rest  of  the  unoffending  settlers  — 
another  example,  if  more  were  wanting,  to  show  that  gratitude  is  not 
a  prominent  virtue  of  the  savage. 


FAIRCHILD'S  RANCH,  February  25th,  18  73. 


To  the  HON.  H.  R.  CLUM,  Acting  Commissioner,  etc. 

The  special  commission  to  inquire  into,  and  bring  to  a  close  the  Modoc 
war,  in  reply  to  the  second  clause  of  its  instructions,  "To  devise  the 
most  effective  and  judicious  measures  for  preventing  the  continuance  of 
these  hostilities,  and  for  the  restoration  of  peace,  "  have  to  say: 

First,  That  in  any  settlement  of  the  present  hostilities  with  the 
Modocs,  either  to  return  them  to  the  Klamath  Reservation,  or  set  apart 


53 

for  them  a  new  reservation  on  Lost  River,  or  in  any  other  place  in  this 
vicinity,  is  now  inadmissable. 

Second,  A  peace,  on  the  hasis  of  general  amnesty,  will  bring  the 
jurisdiction  of  the  federal  and  state  governments  in  conflict,  and  set  an 
example  or  precedent  calculated  to  demoralize  and  discontent  the 
Indians  on  the  reservations  —  greatly  dissatisfy  the  friends  and  neigh 
bors  of  the  murdered  citizens,  and  lead  speedily  to  Indian  wars  far 
more  extensive  and  bloody  than  the  one  now  waged  with  the  Modocs. 

Third,  The  commission  further  think  that  the  peace  most  to  the 
interest  of  both  whites  and  Indians  can  only  be  secured  by  the  removal 
of  the  Indians  to  some  distant  reservation,  where  the  irritations  growing 
out  of  the  late  and  former  conflicts  between  the  races  will  not  be  revived 
by  the  immediate  presence  of  the  combatants,  on  the  field  of  conflict. 

Fourth,  That  the  eight  men  indicted  by  the  grand  jury  of  Jackson 
county,  Oregon }  should  be  surrendered  to  the  civil  authorities  of 
Oregon,  should  they  be  demanded,  and  it  should  be  the  duty  of  the 
government  to  assign  them  counsel  for  their  defense,  and  see  they  have  a 
fair  and  impartial  trial,  and  protection  from  all  lawless  violence. 

Fifth,  Should  the  terms  the  commission  propose  to  the  Modocs  be 
accepted  by  them,  they  should  immediately  be  removed  to  some 
military  post  other  than  Fort  Klamath,  where  they  should  be  cared  for, 
and  kept  under  surveillance  by  the  government,  until  their  final  destina 
tion  shall  be  determined  on. 

The  facts  leading  the  commission  to  the  foregoing  conclusions  are: 
First,  Before  the  late  collision  it  might  have  been  practicable  to  have 
assigned  to  captain  Jack's  band  of  Modocs  a  reservation  on  Lost  River, 
and  a  majority  of  the  members  of  the  commission  favored  (one  of  them 
officially)  such  a  measure,  but  by  the  annoyance  and  misconduct  of  the 
Indians  themselves  toward  settlers  in  all  parts  of  the  Modoc  Basin,  as 
well  as  that  part  asked  for  by  them  as  a  reservation,  had  made  such  a 
concession  impolitic  even  before  the  late  unfortunate  collision.  The 
bitterness  engendered  since  that  time  renders  the  naming  of  such  a 
measure  as  one  of  peace,  an  absurdity. 

To  send  these  renegades  back  to  the  Klamath  Reservation,  to  be  kept  at 
either  Klamath  or  Yainax,  is  also  out  of  the  question.  One  of  the 
excuses  of  captain  Jack  for  violating  his  treaty  stipulations  is,  that  he 
could  not  live  in  peace  and  amity  with  the  Klamaths,  and  that  they  used 
their  superior  strength  to  oppress  his  people.  With  much  more  justice 
can  he  now  urge  this  objection,  for,  since  the  outbreak,  not  only  a  band  of 
Klamath  Indians  from  Klamath  agency,  but  loyal  Modocs  from  Yainax, 
have  also  acted  with  the  troops  against  him.  It  might  be  a  deserved 
punishment  to  send  captain  Jack's  band  to  the  rigorous  climate  of  the 
Klamath  Reservation,  but  it  would  be  a  deep  and  undeserved  insult  to  a 
faithful  and  loyal  people  to  make  their  country  a  kind  of  penal  colony 


54 

for  thieves  and  brigands,  with  whom  they  are  to  live  hereafter  on  terms 
of  equality;  and,  in  this  latter  objection,  will  be  found  a  serious  difficulty 
in  locating  the  Modocs  on  any  reservation  now  established.  No  agent, 
whose  charge  is  over  a  peaceful  and  harmonious  people,  would  care  to 
admit  them,  nor  will  the  people  themselves  be  willing  to  receive  such  an 
element  of  vice  and  discord  in  their  midst. 

The  reasons  for  the  second  conclusion  of  the  commission  necessarily 
requires  a  statement  of  the  law  as  well  as  the  iacts  of  the  case.  The 
Modocs  ceded  their  country  in  the  most  formal  and  absolute  manner  to 
the  United  States,  on  the  14th  of  October,  1864.  After  the  ratification  of 
the  treaty  by  the  senate,  the  whole  Modoc  tribe  went  and  took  up  their 
abode  on  the  reservation  agreed  upon  in  the  treaty.  Superintendent 
Meaoham,  with  his  own  hands,  distributed  to  them  more  than  the  due 
proportion  of  goods  to  which  they  were  entitled  by  treaty.  All  remained 
and  were  fed  at  the  expense  of  the  government  until  the  fishing  season  of 
the  following  spring,  when  captain  Jack's  band  left  the  reservation 
without  leave  and  has  never  returned  to  it,  seeking  by  legal  advice  and 
every  other  way  to  evade  or  escape  the  performance  of  his  part  of  the 
treaty,  after  having  enjoyed  its  advantages.  Three  several  times 
persons  were  sent  to  these  people,  urging  them  to  return  to  their  duty, 
and  to  keep  their  promises,  ample  protection  from  the  Klamaths,  and 
redress  of  their  grievances  being  at  each  time  promised  them,  but  without 
avail.  At  one  time  the  superintendent  of  Indian  affairs  for  Oregon,  in 
his  earnest  desire  to  maintain  the  peace,  even  proposed  to  the  Indian 
department  to  set  off  these  discontented  people  a  reservation  where  they 
desired  it,  but  his  request  was  not  granted.  Perhaps,  before  the  proposi 
tion  was  considered  at  "Washington,  these  people,  in  disregard  of  their 
promises  of  good  behavior,  became  more  than  ever  aggressive  toward 
the  settlers,  and  increased  their  demands  upon  the  government. 

After  the  treaty  of  1864,  the  government  extended  the  public  surveys 
over  the  country  purchased  of  the  Modocs.  As  usual,  settlers  followed, 
and  even  preceded  the  public  surveys,  and  scattered  themselves  over  a 
pastoral  country  too  remote  from  each  other  to  render  mutual 
assistance.  "While  the  Indian  department  was  seeking  to  ascertain  their 
grievances,  and  seeking  to  redress  them  when  found,  these  people  were 
roving  in  bands  over  the  country,  claiming  the  whole  of  it  as  their  own, 
insulting  the  settlers,  breaking  into  their  houses,  and  enforcing  their 
demands  upon  them  by  intimidation.  To  put  an  end  to  this  state  of 
things,  superintendent  Odeneal,  under  an  order  from  the  department  at 
Washington,  dated  July  6,  1872,  to  put  these  people  back  upon  the 
reservation  —  "peaceably  if  possible,  forcibly  if  necessary,  "  — repaired 
in  person  to  Linkville,  the  nearest  point  to  the  residence  of  the  Indians, 
where  supplies  and  accommodations  could  be  had,  and  invited  them  to 
meet  him  there  and  make  a  tree  and  full  statement  of  their  grievances 


55 

and  wants,  promising  them  ample  redress.  This  last  overture  of  the 
superintendent  was  not  only  refused,  but  refused  with  insult,  even  after 
this  order  was  turned  over  to  be  executed  by  the  military.  The  orders 
of  colonel  Green  to  major  Jackson,  in  command  of  the  force  detailed  to 
execute  the  order,  directed  him  by  no  means  to  use  force  until  more 
peaceful  means  were  exhausted;  and  even  then  not  to  fire  upon  the 
Indians  until  they  first  fired  upon  him.  The  report  of  major  Jackson 
shows  that  he  executed  his  orders  to  the  letter. 

Under  the  auspices  of  superintendent  Odeneal,  some  volunteer  citizens 
were  raised  at  Linkvillee  and  rendezvoused  at  Lone  Pine,  about  ten 
miles  north  of  the  Indian  village,  to  join  themselves  to  major  Jackson's 
command  and  co-operate  with  it. 

Major  Jackson,  thinking  his  command  too  small  to  divide,  marched 
his  whole  force  upon  the  village  on  the  west  side  of  Lost  Kiver,  while 
the  citizens,  thirteen  in  number,  were  to  be  on  the  east  side  of  the  river 
simultaneously  with  the  arrival  of  troops  on  the  west.  Unfortunately, 
this  force  was  inadequate  to  the  service  assigned  it.  Had  it  been  suffi 
cient  to  disarm  the  Indians  encamped  on  the  east  side  and  prevent  others 
from  crossing,  none  would  have  fallen  on  either  side  except  those  partici 
pating  in  the  struggle  itself,  which  would  have  removed  the  most  difficult 
complication  of  this  unfortunate  affair  and  made  its  settlement  much 
easier. 

Though  the  firing  had  commenced  on  the  west  before  any  hostile  act 
was  committed  by  either  party  east  of  the  river,  and  the  Indians  were 
first  to  commence  hostilities  —  John  Thurber,  a  citizen,  being  shot  and 
killed  while  in  the  friendly  act  of  shaking  hands  —  yet  the  Indians  claim 
the  citizens  made  the  attack  upon  them  because  a  woman  and  two 
children  were  killed  in  the  melee.  They  plead  this  in  justification  of  the 
murder  of  many  citizens,  neither  present  nor  knowing  of  any  contem 
plated  movement  of  troops  likely  to  lead  to  hostilities  with  the  Modocs. 
Even  if  all  claimed  by  the  Indians  be  true  (  and  we  have  the  assertions  of 
several  white  men  to  the  contrary  ),  as  such  a  plea  could  not  be  offered 
in  extenuation  of  crimes  so  diabolical,  if  committed  by  a  white  man,  it 
cannot  justify  Indians,  to  this  extent  quite  as  intelligent.  But  as  the 
perpetrators  were  of  a  despised  race,  toward  whom  a  deep  prejudice 
exists  in  the  community,  the  government  should  see  that  these  men, 
against  whom  indictments  have  been  found  in  Jackson  county,  if  tried 
at  all,  should  have  able  counsel  and  every  other  assistance  to  secure  to 
them  a  fair  and  impartial  trial  —  the  Indians  having  treaty  relations  with 
the  government  and  absent  from  their  reservation,  without  leave  of  their 
agent,  and  committing  a  series  of  murders,  robberies  and  burglaries  on 
peaceful,  unoffending  citizens  within  the  limits  of  an  organized  county 
and  the  jurisdiction  of  an  independent  state.  The  federal  government 
can  not  lawfully  shield  these  malefactors  from  answering  for  their  crimes 


56 

to  the  authorities  of  the  state,  nor  should  it  do  so.  Amnesty  to  such 
offenders  would  be  the  worst  possible  policy,  and  fatal  to  the  peace  of  the 
frontier  settlements,  and  a  serious  check  upon  the  spread  of  a  civilized 
population  over  the  yet  unsubdued  regions  of  the  west. 

By  the  whites,  such  conduct  would  be  construed  into  a  denial  by  the 
federal  government  of  that  protction  to  life  and  property  to  the 
frontier  settler  to  which  every  citizens  of  the  United  States,  wherever  he 
may  lawfully  be,  both  at  home  and  abroad,  is  entitled.  The  Indian 
construction  would  be  even  more  erroneous  and  mischievous.  His  ruling 
motives  spring  from  interest  and  fear,  and  he,  like  others,  arrives  at 
the  motives  of  others  by  comparing  them  with  his  own.  The  magnani 
mity  of  the  government  is  by  him  mistaken  for  fear.  So  long  as  a 
perverted  sympathy  and  mawkish  sentimentality  elevates  an  Indian 
murderer  into  a  hero,  great  according  to  the  greatness  and  atrocity  of  his 
crimes,  and  the  representatives  of  the  government  bestow  more  attention 
and  respect  upon  its  enemies  than  its  friends,  and  the  shortest  road  to 
its  notice  and  favor  is  by  shedding  innocent  blood,  we  will  not  soon  see 
an  end  of  Indian  atrocities,  nor  the  government,  without  frequent  oppor 
tunity  to  exercise  a  mischievous  lenity  calculated  to  encourage  crime  at 
the  expense  of  innocence. 

The  remaining  conclusions,  of  the  commission,  being  sequents  of  those 

already  explained,  need  no  extended   explanation.     Should  the  state  of 

-  Oregon  demand  for  trial  those  accused  of  the  murder  of  its  citizens,  as 

wards  of  the  government,  the  government  is,  in  duty  bounnd,  to  see  that 

their  trial  shall  be  fair  and  impartial,  and  according  to  law. 

The  details  necessary  to  carry  into  effect  the  foregoing  conclusions,  and 
to  provide  for  the  future  of  these  Indians,  the  commission  consider 
beyond  the  scope  of  their  duties  to  recommend. 


